The Organisation of the Judiciary

<< Back to contents

III The Allocation of day to day Responsibilities

29. This section sets out the allocation of the day to day responsibilities under 6 headings:

  1. The Lord Chief Justice
  2. Criminal Justice
  3. Civil Justice
  4. Family Justice
  5. The Tribunals
  6. General Responsibilities

Management information is collated and disseminated through the Judicial Office.

A: The Lord Chief Justice

30. The Lord Chief Justice

  1. The Lord Chief Justice sits and gives judgments in leading cases across each jurisdiction.
  2. Day to day responsibilities are carried out  (subject to the overall control of the Lord Chief Justice through  the Judicial Executive Board) as set out below, other than the following which are carried out by the Lord Chief Justice
    1. High level relations with the Lord Chancellor and other Ministers of the Crown and Parliament on issues that affect the judiciary as a whole;
    2. Overall responsibility for the Directorate of Judicial Offices, including the Judicial Communications Office. Specific responsibility for the development of media relations is delegated to a senior member of the judiciary – at this time to the President of the Queen’s Bench Division.
    3. Responsibilities under the Constitutional Reform Act 2005 for certain senior appointments and for the appointment of (or the selection of panel members to appoint) persons to the Judicial Appointments Commission (other than those nominated by the Judges’ Council);
    4. Final decisions on complaints made about judges;
    5. The swearing in of Lords Justices of Appeal, High Court Judges and Circuit Judges; (where the Lord Chief Justice is unavailable the appropriate Head of Division will act on his behalf); District Judges will continue to be sworn in locally;
    6. Specific senior appointments including, Presiding Judges and Chairman of the Judicial Studies Board;
    7. Chairmanship of the Sentencing Guidelines Council under s. 167 of Criminal Justice Act 2003;
    8. Chairmanship of the Criminal Procedure Rules Committee under s. 70 of the Criminal Justice Act 2003;
    9. Chairmanship of the Judges’ Council;
    10. Presidency of the Magistrates’ Association.
Back to top

B: Criminal Justice

31. The President of the Queen’s Bench Division:

  1. Head of Criminal Justice with overall lead responsibility for
    1. Criminal Justice issues,
    2. Rules
    3. Practice Directions;
    4. Overall liaison on criminal justice with the Lord Chancellor, Home Secretary and Attorney General etc and their respective departments;
    5. The development of substantive criminal law and criminal procedure.
  2. membership of
    1. National Criminal Justice Board
    2. Sentencing Guidelines Council
    3. The Criminal Procedure Rules Committee (day-to-day Chairman).
  3. Appointments:
    1. To the Criminal Procedure Rules Committee
    2. Of Resident Judges and Designated Civil Judges, in conjunction with Senior Presiding Judge and Presiding Judges.
  4. The overall conduct of the business of and deployment in the Court of Appeal Criminal Division including allocation of cases and day to day liaison with the Registrar of Criminal Appeals, the list office and other senior staff, with the day to day responsibility being that of the Vice-President of the Court of Appeal Criminal Division.
  5. Authorisations for sitting in the Court of Appeal, Criminal Division and for trying murder and attempted murder, in conjunction respectively with the Vice-President of the Court of Appeal Criminal Division and Senior Presiding Judge. 
  6. Deployment of High Court Judges in London and on circuit in conjunction with Vice-President of the Queen’s Bench Division and for authorisations for emergency sitting under s.9(4) in Queen’s Bench Division in conjunction with the Vice President of the Queen’s Bench Division.
  7. Appointment of Judge in Charge of the Commercial Court and the TCC Court.
  8. General consultation over the civil business of the Queen’s Bench Division, including the Commercial Court and TCC Court.
  9. Development of relations with the media (vested for the present in the President of the Queen’s Bench Division).

32. The Vice-President of the Court of Appeal, Criminal Division

  1. Assisting the President of the Queen’s Bench Division with the business of and deployment in the Court of Appeal, Criminal Division including allocation of cases and day-to-day liaison with the Registrar of Criminal Appeals, the list office and other senior staff. 
  2. Monitoring timely delivery of judgments in the Court of Appeal, Criminal Division.
  3. Membership of the Sentencing Guidelines Council.
  4. Review of results of Attorney General’s references; collating judgments where criticism is made of a judge in respect of which action needs to be taken and advising the relevant senor judge though the Judicial Office. Directing the way in which information available about the decisions of judges is collected so that it can be used in order to assist in judicial appointments.
  5. Authorisations for sitting in the Court of Appeal, Criminal Division in conjunction with the President of the Queen’s Bench Division and the Senior Presiding Judge.
  6. Liaison with the Judge Advocate General and the Courts Martial System.

33. A Lord Justice (or High Court Judge) is also the Chairman of the Criminal Justice Council and Lord Justice (or High Court Judge) is a member of the Board of the National Offender Management Service.

Back to top

C: Civil Justice

34. The Master of the Rolls:

  1. President of the Court of Appeal Civil Division and as such with overall responsibility for policy and operation of the Civil Division.
  2. Head of Civil Justice and, as such with overall responsibility, for policy, Rules and Practice Directions in civil justice; Chairman of the Civil Justice Council (on a day-to-day basis) and Chairman of the Rules Committee.
  3. Personnel issues for Lords Justices of Appeal.
  4. Appointments to membership of the Civil Justice Council and Civil Procedure Rules Committee.
  5. Assisting with swearing in Circuit Judges.
  6. Relationships with the legal profession.

35. The Chancellor of the High Court:

  1. The overall supervision of the courts conducting specialist civil business at the Royal Courts of Justice including:
    1. General Chancery Work
    2. The Patents Court
    3. The Commercial Court (and London Mercantile)
    4. The Technology and Construction Court
    5. The Companies Court
      and, in conjunction with the Deputy Head of Civil Justice and the Senior Presiding Judge, the conduct of business in the specialist courts outside the Royal Courts of Justice.
  2. Deployment of High Court Judges of the Chancery Division (in conjunction, where appropriate, with the President of the Queen’s Bench Division, and the Vice-President of the Queen’s Bench Division) and assignment of High Court Judges allocated to civil work to the various courts set out above.
  3. Appointment of Chancery Supervising Judges.
  4. Authorisations under s. 9(4) for emergency sitting in the courts set out above.
  5. Personnel and monitoring issues for High Court Judges in the courts set out above.
  6. Pay, pensions etc – (vested for the present in the Chancellor).

36. The Vice-President of the Civil Division of the Court of Appeal

  1. The business of and deployment in the Civil Division including allocation of cases and day to day liaison with the Head of the Civil Appeals Office, the list office and other senior staff.
  2. Monitoring timely delivery of judgments in the Civil Division.
  3. Collating judgments where criticism is made of a judge in respect of which action needs to be taken and advising the relevant senor judge through the Judicial Office. Directing the way in which information available about the decisions of judges is collected so that it may be used to assist in judicial appointments.

37. The Deputy Head of Civil Justice

  1. Day to day Chairman of the Civil Procedure Rules Committee and Deputy Chairman of the Civil Justice Council, with a responsibility for implementation  of major  Rule changes.
  2. Liaison with the President of the Queen’s Bench Division in his primary responsibility for the appointment of Designated Civil Judges in consultation with the Senior Presiding Judge.
  3. Identifying what authorisations are necessary for civil work and liaising with the Presiding Judges (who will make the authorisations) as to the making of the necessary authorisations.
  4. Liaison with the Senior Presiding Judge and the Presiding Judges in their primary responsibility for the overall supervision of civil business outside the Royal Courts of Justice, including liaison with the Chancellor and the judges responsible for specialist work.
  5. Arranging the annual conference of Designated Civil Judges.
  6. Primary responsibility, in conjunction with the Chancellor in relation to the conduct of business in specialist courts outside the Royal Courts of Justice, and for civil justice in London (and in particular at the Central London County Court) in conjunction with the Presiding Judges of the SE Circuit and for the Costs Judges.
Back to top

D: Family Justice

38. The President of the Family Division

  1. Head of Family Justice and as such responsible for policy and rules, Chairman of the Family Procedure Rule Committee, Chairman of the Family Justice Council.
  2. The business of the Family Division (including the making of Practice Directions) and deployment of Family Division High Court Judges in conjunction with the Vice-President of Queen’s Bench Division responsible for overall High Court Judge deployment.
  3. Responsibility for the Family Courts (as they develop), in close cooperation with the Presiding Judges and Family Division Liaison Judges.
  4. Appointment of Family Division Liaison Judges.
  5. Appointments of Designated Family Judges, following consultation where necessary with the Senior Presiding Judge.
  6. Appointments to Family Procedure Rule Committees and to Family Justice Council and responsibility for overseeing the implementation of Family Rules.
  7. Authorisations for family work, including appointments under s.9(1).
  8. Authorisations for emergency sitting in the Family Division under s.9(4).
  9. Personnel and monitoring issues for High Court Judges within the Family Division.
  10. Deployment of the Judges of the Family Division
  11. The Magistrates' Courts: Overall supervision of the responsibilities of the Family Division Liaison Judges for the deployment of District Judges (Magistrates' Courts) when sitting in family work, in liaison with the Senior Presiding Judge.

39. The Deputy Head of Family Justice

  1. Day-to-day responsibility for the Family Justice Council
  2. Head of International Family Law.
Back to top

E: The Tribunals

40. The Senior President of Tribunals

  1. General supervision of Tribunals.
Back to top

F: General Responsibilities

41. The Vice-President of the Queen’s Bench Division

  1. Deployment of High Court Judges of the Queen’s Bench Division at the Royal Courts of Justice and on circuits, and other High Court Judges as appropriate in conjunction with the President of the Queen’s Bench Division, Chancellor and President of the Family Division.
  2. Responsibility with the President of the Queen’s Bench Division for the following work at the Royal Courts of Justice:
    1. The general Queen’s Bench and defamation lists
    2. The Administrative Court
    3. The Masters
    4. Making of Group Litigation Orders.
  3. Responsibility for securing authorisations for emergency sitting under s.9(4) in Queen’s Bench Division.
  4. Personnel and monitoring issues for High Court Judges within the Queen’s Bench Division.

42. The Senior Presiding Judge and the Deputy
These are to be shared between the Senior Presiding Judge and a Deputy, as determined from time to time:

  1. Chief of Staff and general coordination
  2. Member of the Ministerial Executive Board of  the Department of Constitutional Affairs (non executive meetings) and Her Majesty’s Court Service Board (non executive and management meetings)
  3. Chairman of Executive Committee of the Judges’ Council (see paragraph 22.d)
  4. Day to day liaison of Criminal Justice Responsibilities with the Department of Constitutional Affairs, Office of  Criminal Justice Reform, Home Office etc
  5. Overall supervision of the responsibilities of the Presiding Judges (who work with the Chancery Division Supervising Judges and Family Division Liaison Judges) who are responsible on a day-to-day basis for:
    1. deployment in and the business of the Crown Court, including allocation of work;
    2. deployment in and the business of the High Court outside the RCJ, the specialist civil courts and the County Court and the business of those courts (in conjunction with the Chancellor, the Deputy Head of Civil Justice and the Head of Family Justice);
    3. the requirements for judicial appointments below the level of the High Court, including District Judges (Magistrates' Courts);
    4. personnel issues for judges below the High Court;
    5. Appraisal
    6. The responsibilities for the Magistrates' Courts set out below at sub- paragraph (g).
  6. Liaison at national level with the Council of Circuit Judges, the Association of Her Majesty's District Judges, the Magistrates’ Association and the Justices’ Clerks Society.
  7. The Magistrates’ Courts:
    1. Overall supervision of the responsibilities of the Presiding Judges and Senior District Judge (Magistrates’ Courts) for deployment, personnel and monitoring issues for District Judges (Magistrates’ Courts); all the day-to-day work would fall on the Presiding Judges and Senior District Judge.
    2. Approval of dedicated/specialist courts (ASBOs, Domestic Violence etc) and policy relating to them.
  8. Recommendations for the appointments to Boards and Committees dealing with Criminal Justice in conjunction with President of the Queen’s Bench Division.
  9. Authorisations for criminal cases – Court of Appeal, Criminal Division, murder and attempted murder ( in conjunction respectively with President of the Queen’s Bench Division and the Vice-President of the Court of Appeal Criminal Division); and for serious sexual offences and serious fraud (if still necessary).
  10. Organising liaison with the Judicial Appointments Commission in conjunction with the Judges Council (see paragraph 22.e.viii).

43. The Nominated Judges for Complaints and Discipline

  1. Judicial complaints are handled by the Office for Judicial Complaints.
  2. There are Nominated Judges, appointed by the Lord Chancellor and Lord Chief Justice jointly, for full time members of the judiciary and Delegates for the Tribunals and the Magistracy
  3. Each of these Judge advises the Lord Chancellor and the Lord Chief Justice on complaints issues, including cases not dismissed by the Office for Judicial Complaints, cases where there is cause for concern but no judicial investigation is required and cases where a judicial investigation is required by an Investigating Judge.

44. Other Lords Justices or High Court Judges

  1. The senior judicial member and Deputy Chairman of the Judicial Appointments Commission
  2. Chairman of the Judicial Studies Board
  3. Member of the MoJ/HMCS Board responsible for estates
  4. The judge with responsibility for IT and Modernisation
  5. Judge with responsibility for overseas relations.
  6. Judge with responsibility for media and communications – presently the President of the Queen’s Bench Division
  7. A judge responsible for pay, pensions etc at all levels and the particular interests of judges in this respect at the level of the High Court and above) – presently the Chancellor.
  8. Member of the Consumer Strategy Board
  9. Heads of Specialisms – (Judge in charge of Technology and Construction Court , Judge in Charge of the Commercial Court, Judge in Charge of the QB list, and Judge in Charge of the Administrative Court)

<< Back to contents